Case study: Man Injures His Back on a Walking Holiday After a Fall

Secured more than £10,000 in compensation for a back injury.

The Case

While on a guided walking holiday, our client fell from a mountain ridge and sought our help to make a claim for a back injury.

The walk was part of a package deal booked through a travel agent and involved walking through unspoiled mountains in north-east Spain. During the walk, the recommended path was obstructed and the guide had to find another route for the group. Our client slipped on some loose ground and fell backwards, hitting his back on a large flat rock.

The guide left the group unattended to seek help from mountain rescue, who came and took our client to the nearest hospital where he was treated for his injuries. He was diagnosed with severe bruising, soft tissue injuries and three fractured ribs. Doctors informed him that if he had fallen in another way, the incident could have proved fatal.

The Claim

Understandably, the accident resulted in the man being unable to enjoy the remainder of his holiday, and it took several months for him to be unable to walk unaided.

The client contacted our solicitors enquiring whether he would be entitled to make a claim. After explaining the circumstances, we advised that he should make a claim against the tour operator with whom he had booked his walking holiday.

Settling the Case

We took on the case on a ‘no win, no fee’ basis, meaning he would not be responsible for costs and fees, regardless of the outcome. Our team helped the client put forward his case, and an offer of £3,600 for damages was made by the tour operator. However, the client rejected this offer, as he did not feel this would compensate him fully for the serious back injury he sustained.

The case then went to court and was settled successfully at £10,240, which covered nine weeks of lost earnings, medical expenses, compensation for the pain suffered and the cost of the holiday.

Talk to Us

If you have suffered a back injury while on holiday, and think you have a case to claim compensation, JMW is on hand. Our personal injury experts can provide advice on your claim and let you know whether you will be entitled to compensation.

To speak to a solicitor, contact 0800 054 6570, or fill in our online enquiry form and we will get back to you.

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